ŽDANOKA v. LATVIA JUDGMENT
21
applicant was free to stand as a candidate in the elections to the European
Parliament, to which she was in fact subsequently elected. The Government
argued that, as a supranational legislature, the European Parliament ought to
be considered a “higher” legislative body than the Latvian parliament, and
that “the applicant will be able to exercise her ‘passive’ electoral rights
effectively at an even higher level than that foreseen at the outset”.
66. The Government acknowledged that no amendments had so far been
made to the laws on parliamentary and municipal elections. The disputed
restriction therefore remained in force and the applicant was still
disqualified from standing for Parliament and for municipal councils.
However, they did not consider that this fact was material to the outcome of
the case. Latvia’s accession to the European Union in spring 2004 marked
the culmination of the transitional period, that is, the country’s journey from
a totalitarian to a democratic society, and the members of parliament had
been aware of this. Furthermore, the periodic review of the disputed
provisions constituted a stable parliamentary practice (see paragraph 61
above) and the restrictions complained of by the applicant were provisional
in nature.
67. For the above reasons, the Government considered that the dispute at
the origin of the present case had been resolved, and that the application
should be struck out of the list in accordance with Article 37 § 1 (b) of the
Convention.
68. The applicant disagreed. She acknowledged that she was entitled to
stand in the European elections and had done so. However, this fact did not
resolve the dispute in that the restrictions contained in the laws on
parliamentary and local elections were still in force and that it was by no
means certain that they would be repealed in the near future.
69. In the Court’s view, the question posed by the Government’s
pleadings is whether the applicant has in fact lost her status as “victim”
within the meaning of Article 34 of the Convention. In that connection, the
Court refers to its settled case-law to the effect that a decision or measure
favourable to an applicant is not in principle sufficient to deprive him or her
of victim status unless the national authorities have acknowledged, either
expressly or in substance, and then afforded redress for, the breach of the
Convention (see, for example, Amuur v. France, 25 June 1996, § 36,
Reports of Judgments and Decisions 1996-III; Dalban v. Romania [GC],
no. 28114/95, § 44, ECHR 1999-VI; Labita v. Italy [GC], no. 26772/95,
§ 142, ECHR 2000-IV; and Ilaşcu and Others v. Moldova and Russia (dec.)
[GC], no. 48787/99, 4 July 2001). In the present case, the impugned
legislative provisions remain in force, and the applicant is still disqualified
from standing for the national parliament (and for municipal councils).
70. In so far as the Government refer to the fact that the applicant was
entitled to take part in the European Parliament elections, the Court
recognises that Article 3 of Protocol No. 1 is applicable in this respect (see